In this article
- Bonanza of Education Videos and Slides for Texas Notaries (from TX SOS)
- Legislative Update
--Clarifies that Typing isn't UPL
--Changes Address / Journal Requirements for Signers
--New No Can Do - Using Certain Words in Foreign Language
- Online Notarization is Coming - Here's a peek
To the Texas Secretary of State -- Thank You!
Thank you for this amazing six-video collection of educational videos and an update on legislation, plus a peek at online notarization. Thanks to all the participants, including my friend Kathleen Butler from the American Society of Notaries.
Brenda Stone & Members of
Education for Texas Notaries
Six 2017 Notary Public Conference Presentations
Visit the Texas Secretary of State - 2017 Notary Public Conference in video!
Legislative Update for Texas Notaries
|Watch the Videos & Download Slides|
• Notaries, of course, still can’t represent themselves as lawyers and many other things. See blue print in (a)(1)-(5) below.
• Added by new law: Notaries cannot use terms immigration expert or immigration consultant in a foreign language. See brown print in (28).
The new law specifies (see highlighted in green) that
• Typing services are not considered UPL
• Translation IS NOT considered UPL
|SECTION 2.002. Section 406.017, Government Code, is amended|
|by amending Subsection (a) and adding Subsection (a-1) to read as|
|(a) A person commits an offense if the person is a notary|
|public and the person:|
|(1) states or implies that the person is an attorney|
|licensed to practice law in this state;|
|(2) solicits or accepts compensation to prepare|
|documents for or otherwise represent the interest of another in a|
|judicial or administrative proceeding, including a proceeding|
|relating to immigration or admission to the United States, United|
|States citizenship, or related matters;|
|(3) solicits or accepts compensation to obtain relief|
|of any kind on behalf of another from any officer, agency, or|
|employee of this state or the United States;|
|(4) uses the phrase "notario" or "notario publico" to|
|advertise the services of a notary public, whether by signs,|
|pamphlets, stationery, or other written communication or by radio|
|or television; or|
|(5) advertises the services of a notary public in a|
|language other than English, whether by signs, pamphlets,|
|stationery, or other written communication or by radio or|
|television, if the person does not post or otherwise include with|
|the advertisement a notice that complies with Subsection (b).|
|(a-1) A person does not violate this section by offering or|
|providing language translation or typing services and accepting|
Best Practices Recommended
• Come to an agreement in advance with any signer you will meet with about any fees you'll be charging.
• Itemize your fees on a receipt.
Immigration Consultant/Expert in Foreign Language - New No Can Do
Mailing Address for Signings - Journal UpdateSB 1098 - IN EFFECT NOW - SEPTEMBER 1
• You may use the signer’s mailing address or work address and do NOT have to put down the address that you see on their Driver License.
• You must provide a certified copy of your record book entry upon payment of fees. (Just modernized the words.)
Online Notary LegislationRead this - it is plain language about the intent of the new law.
HB 1217 – EFFECTIVE JULY 2018
• You don’t have to become an online notary.
• You must be a regular notary to become an online notary.
There will be costs--
• Fee to register with the SOS.
• Pay for the software that is required. (Didn’t say what this would be.)
• Pay for the ID software that will be required. (Didn’t say what this would be.)
• SOS will develop standards.
• We will purchase the software from private vendors.
• They will be creating ADMINISTRATIVE RULES.
• We will have a chance to comment.